Mathira MP Rigathi Gachagua has lost Sh202 million to the State.
On Thursday, High Court Judge Esther Maina ruled that the UDA deputy presidential candidate has failed to explain how he acquired the wealth from government agencies.
As a result, the outgoing MP will be forced to forfeit the money for being proceeds of crime.
The court noted that Gachagua did not prove that indeed he was awarded tenders by government entities.
The lawmaker only produced a letter dated February 9, 2015 from a government ministry indicating Wamunyoro Investments Ltd had been awarded a tender.
There was, however, no proof that the tender was executed.
The court also dispelled claims that the monies in question were in a fixed deposit account as alleged by the defendant.
“There was an argument that the funds were in a fixed deposit account but that is not the position,” said the justice Maina.
The monies were held at Rafiki Micro Finance Bank in four separate accounts.
In one account was Sh165 million, Sh35 million and Sh773,228 in two other accounts all in Gachagua’s name.
In the fourth account was some Sh1,138,142. The account was registered in the name of Jenne Enterprises, Gachagua’s business associate.
Jenne Enterprises belongs to Ann Kimemia.
A fortnight ago, the Assets Recovery Agency dismissed claims that the Sh200 million was acquired from a tender Gachagua and associates won seven years ago.
ARA told the court that Kimemia’s business entity and account was used by Gachagua to launder money.
“The allegation that the duo are doing legitimate business and the funds in issue are obtained from legitimate businesses is incorrect, deceitful and a ploy to disguise, conceal and hide the source of the said funds. It’s a classical scheme of money laundering,” ARA said.
“Kimemia has not produced any evidence to show that she participated in the alleged tender indicated in the notification of award. She has also not produced any evidence demonstrating that the notification was ultimately awarded to her or the said companies and she participated in the alleged tender indicated in the notification award.”